Tuesday, February 23, 2010

Medical Marijuana Proponents Split on Bill

When the D.C. Council gathers this afternoon to hear testimony onlegislation legalizing marijuana for medicinal purposes, they'll likelyhear different opinions from people on the same side of the argument.

As we wrote last week, some medical marijuana advocates believe thatlegislation introduced in late January on the issue is too restrictiveand limits access to marijuana for qualifying patients in the District.The bill, sponsored by Council member David Catania (I-At Large), wouldset up five dispensaries where patients with specific ailments and aprescription from their primary care physician could go to pick up a30-day supply of marijuana. The dispensaries would have to be 1,000 feetfrom any school or youth center and would require patients to payregistration fees. Some advocates believe that the proposal does notlive up to the spirit of the 1998 voter initiative that originallygreen-lighted the use of marijuana for medicinal purposes in theDistrict.

But Wayne Turner, one of the driving forces behind the 1998 initiative,seems to disagree. In an op-ed published by the Post on Sunday, Turnerargues that a tightly-regulated system is more likely to passcongressional muster and avoid abuses that have been seen elsewhere inthe country. "It's a sound proposal that tracks the design and intent ofthe original initiative by creating a tightly regulated system wherebypatients with serious, chronic or debilitating medical conditions canhave safe and affordable access to medical marijuana. That's good,because in recent years we've seen what a vague law and lack ofregulation can do," wrote Turner, specifically calling out California'smedical marijuana regulations as being overly broad.

"Yes, the proposal may be too restrictive for some, but Initiative 59was never about promoting casual or recreational use of marijuana. Andthe council's cautious approach is appropriate for another reason: Underthe Constitution, Congress retains the authority to overturn D.C.legislation at any time. It would be a grave mistake to unnecessarilyprovoke further congressional interference by creating a systemvulnerable to abuses. The council's plan represents the best chance toimplement medical marijuana and to protect those patients whose qualityof life may depend upon this medication of last resort," he added.

Catania has publicly indicated that he purposely wrote the legislationto be restrictive so that it would stand a better chance of making itthrough the congressional review period. With Turner on his side, that'show the legislation may remain.

The hearing starts at 2 p.m. today at the John A. Wilson Building. Morethan 50 people have signed up to testify.